INTERNATIONAL TELECOMMUNICATION UNION WORKING GROUP ON ITU REFORM GENEVA — THIRD MEETING — Document WGR/# -E 13 November 2000 Original: English (6-10 NOVEMBER 2000) DRAFT (to be approved by the Chairman) REPORT OF THE THIRD MEETING OF THE WORKING GROUP ON ITU REFORM (WGR-3) 1 Introduction 1.1 The third meeting of the Working Group on ITU Reform took place from 6-10 November 2000, chaired by Ms L. Shope-Mafole (South Africa) 1.2 The agenda contained in Document OJ/1 and the time management plan contained in Document DT/2(Rev.2) were approved. 1.3 The Chairman made opening remarks which can be found in Annex A. 2 Structure of the Union 2.1 The plenipotentiary conference 2.1.1 The role of the conference The conference should continue to concentrate on issues of high policy and strategic nature with less time spent on other matters. 2.1.2 Preparations for the conference The success of the plenipotentiary conference is greatly dependent upon the amount and level of preparations that delegations will have made prior to the conference. WGR preliminary proposal (1): The experience of world radiocommunication conferences in this regard should be emulated and a similar approach that encourages intra- and inter-regional consultative meetings should be adopted for conferences. The Council was also seen as having an important role to play with respect to facilitating the preparations for plenipotentiary conferences. Council's role in this regard is clearly stated in the Constitution. WGR preliminary proposal (2): Given that this responsibility is expressed in the Constitution in broad terms, the WGR considered that it could be helpful if the Council identified the issues of particular importance for that particular conference on the basis of which delegations could start their preparations. 2.1.3 Length of the conference The length of the conference was considered to be subject to many different factors some of which are listed below. WGR3_REP.DOC -2WGR-3/#-E WGR preliminary proposals (3,4,5,6): a) Political declarations • It is proposed that time allocated to political declarations should be standardized so as to minimize the amount of time used for this purpose during the conference. b) Elections • There should be clear procedures for all elections and these must be adhered to. This task is part of the terms of reference of the group. • Elections should be such that they take a minimum amount of time during the period of the conference. • Elections should be organized in a manner that makes it easier for delegations to concentrate on other issues of the conference. c) Introduction of proposals: The conference should adhere to the rules that it sets for itself especially with respect to sending proposals in good time to allow for national and other coordination and consultations. d) Time spent on discussions of procedures and other issues that are not of a major policy or strategic nature must be reduced to a minimum. 2.2 Council 2.2.1 The role of Council The Council acts as the governing body of the Union on behalf of the Plenipotentiary Conference. The Council therefore has a very important leading role. WGR preliminary proposal (7): The Council should have more leadership and oversight roles. 2.2.2 The composition of Council WGR preliminary proposal (8): The composition of the Council should be kept at 25% of the total of Member States of the Union. The principle of rotation in respect of the membership of the Council was raised but not discussed. 2.2.3 Chairmanship of Council Continuity was seen as an important factor in the successful chairmanship of the Council. A proposal was made to extend the term of the chairman of the Council to more than the current one-year period. The current situation was however generally preferred as it gave a better chance to different Member States of the Union to chair the Council. In order to address the issue of a smoother transition and continuity at chairing the Council, a proposal to adopt a troika system such as that used by the European Union (in which the past, current and future chairmen work together) was generally accepted as something that could be looked at pending more information. 2.2.4 Frequency of meetings of the Council The need for increasing the number of meetings of the Council is an issue that may require further examination in the future. This issue is very closely linked to how the Council is able to do its work. The Working Group felt that it was premature to take a decision on changing the frequency of the Council meetings. WGR preliminary proposal (9): Council meetings should remain at one per year for the moment. -3WGR-3/#-E 2.2.5 Duration of meetings of the Council The length of Council meetings has historically been reducing. Currently the Council meets for an average of less than two weeks. WGR preliminary proposal (10): The duration of Council meetings should not be reduced further until there has been improvement in the preparation and running of these meetings. At that point, a more realistic decision on the duration of the meetings could be made. The WGR also noted the link between the frequency and duration of Council meetings. 2.2.6 Participation in Council 2.2.6.1 Participation of non-Council Member States in Council A proposal for a greater participatory role of Member States who attend the Council as observers was not discussed in detail. This proposal entails giving Member States observers the right to make interventions as well as participate in the work of the Committees of the Council. 2.2.6.2 Participation of Sector Members in Council The WGR generally agreed that Sector Members should be given greater participatory role in the activities of the Union. One of the areas identified as being important was the participation in Council as observers, particularly in finance related activities of the Council, i.e. the Standing Committee on Finance. When considering the proposals in paragraphs 2.2.6.1 and 2.2.6.2 further, it is important to do so bearing in mind the proposal for the participation of representatives of Sector Members in the work of the Council as observers and the impact that these proposals will have on the time required for Council meetings as well as space requirements. The overriding principle,when considering this and related matters should be that the participation of representatives of Sector Members or greater participation of observers at the Council should not be at the expense or disadvantage of the Councillors. WGR preliminary proposal (11): Representatives of Sector Members should be given observer status in the meetings of the Council with the right to actively participate in the finance committee of the Council. The exact manner in which representatives of Sector Members will be identified to participate in the work of the Council and the number of these is subject to further discussion. This proposal will require an amendment to the legal instruments if adopted. 2.2.8 Measures to improve the preparations and meetings of the Council The need for the Council to play a greater leading role was greatly emphasized by the Working Group. It is important to transform the Council from a group that meets once a year to a more proactive and effective organ of the Union which is able to discharge its duties as is stipulated by the Constitution. The inability for the Council to discharge its duties effectively was attributed to the poor preparations for the meetings resulting from, in the main, the lack of timely distribution to Councillors of the necessary documentation in the working languages of the Council. This issue was regarded by the WGR as one that requires very urgent attention. Given the multiplicity of events and activities that the Union was involved in and the need for Council to stay abreast of these if it is to play its role effectively, the WGR considered that it was -4WGR-3/#-E very important that the Council be constantly kept informed of the activities of the Union throughout the year. WGR preliminary proposals (12,13,14): a) The question of the timely distribution of documents for the Council in the working languages needs to be addressed as a matter of utmost urgency. b) An information circular specially designed for Councillors and sent out to them at regular intervals of one month needs to be established. The circular should outline the major activities and decisions that the management is engaged in or considering. c) A draft time management plan, outlining when issues would be discussed by the Council, should be developed and circulated to Councillors in advance of the meetings. This would facilitate the participation of the relevant specialists in the work of the Council. 3 Policy and regulatory issues The WGR discussed the need for an increased role of the ITU with respect to policy and regulatory matters, particularly highlighting the importance of enhancing the capability of the ITU to meet the needs of its members in the world of rapidly changing technologies. The ITU needs to play a greater role in assisting its members to meet the challenges brought about as a result of the ever-changing telecommunications environment. For this to be done effectively the ITU needed to be able to acquire and accumulate knowledge so that it can serve as a base for expertise in the areas required today by policy-makers and regulators. A proposal to set up a permanent mechanism, for the participation of all members, dealing with issues of a policy and regulatory nature was discussed briefly. The Working Group agreed that it would be subject to further discussions pending more details on the proposal. The role of the ITU in regulating common resources was regarded as extremely important but was not discussed at length in the meeting. The WGR invites contributions on this important matter for consideration at its next meeting. 4 Telecommunications Development Sector issues Discussions on the Development Sector took place in the context that there were not major structural changes envisaged for that Sector. The WGR also noted that although this was the newest Sector of the Union, it was beginning to develop well and many improvements had already taken place. It was important that this Sector be allowed to be innovative and imaginative so as to meet the challenges of the time. 4.1 The role of the Development Sector The mission of the Development Sector should be more targeted to meeting the diverse and ever increasing needs of developing countries. WGR preliminary proposals (15,16,17,18,19,20): The Development Sector should: a) increase its focus of enhancing the development of telecommunications in developing countries; b) strengthen its role and capacity to assist developing countries in policy and regulatory matters; -5WGR-3/#-E c) d) e) f) enhance opportunities to provide information and exchange of ideas so as to meet the new and increasingly challenging needs of developing countries that arise in questions of technology, national policy and national regulation as a result of the convergence of communications technologies, their rapid development as well as the phenomenon of globalization; be a forum for interaction between Member States and Sector Members; encourage and enhance private sector participation in D-Sector activities; increase direct assistance to developing countries. 4.2 The Telecommunication Development Advisory Group The authority of the Telecommunication Development Advisory Group should be enhanced to enable it to identify tasks for the proposed new Focus Groups, should this concept be adopted, as well as other tasks assigned to this Sector. 4.3 The World Telecommunication Development Conference The WGR identified the WTDCs as being very important for developing countries. It is therefore crucial that they become more effective and relevant to the needs of developing countries. WGR preliminary proposals (21,22): The WTDC should: a) be a forum for selected broad telecommunications topics so as to facilitate the establishment of priorities for ITU-D on the basis of which, in consultation with TDAG, the BDT could develop detailed plans; b) be used as a forum for learning and information sharing. Further clarity is required with respect to WTPFs. 4.4 Study Groups The use of Study Groups was identified as needing re-examination in the context of the Development Sector. A proposal for these to be transformed to Focus Groups having more flexibility was proposed although it was noted that Study Groups could also be made flexible if it was so required. 4.5 Funding The lack of adequate funding was identified as one of the biggest problems facing the Development Sector. This problem, unless addressed adequately, was likely to get worse. 5 Telecommunication Standardization Sector issues The WGR dedicated a lot of time to this Sector and, in particular, to the discussions of an improved mechanism for the development of standards. The Group discussed several proposals on how this mechanism could be improved, including the setting up of a new entity under the umbrella of ITU. The following options proposed for consideration of the Council by WGR do not represent any form of consensus or compromise. The three steps/options represent varying degrees of restructuring of the Sector starting with step/option 1 where no amendments to the Constitution or Convention would be required nor any type of restructuring envisaged. The last step/option would be the one requiring most amendments as well as restructuring the current T-Sector. -6WGR-3/#-E 5.1 Step 1 The first step proposed is to implement the AAP and TAP procedures, and to provide a clear separation between technical, and policy and regulatory work. Further refinement of these procedures could follow in TSAG, for example, classifying Recommendations as having policy or regulatory implications or as having no such implications, and addressing final decision making in AAP. The principle of retaining the condition that for a recommendation to be passed in the last phase of approval there should be unopposed agreement by a Member State was seen as very important such that changing it may require further discussion by the plenipotentiary conference. A proposal made to increase the number of Member States needed to block approval of a Recommendation was seen as having the potential to improve the approval process, but the WGR was informed that this method of blocking approval had in fact been used on very few occasions and often not because of Members States as such. This step/option was seen as addressing the question of increasing involvement of Sector Members in the preparation of recommendations while not giving them the final decision-making power. 5.2 Step 2 A second step was proposed for additional changes within the ITU-T, some of which would require amendments to the ITU Constitution/Convention. The key features would be: • a) to further enhance the efficiency and timely production of the results of ITU-T work, and b) to ensure that Sector Members are properly recognised as partners with Member States in the development of ITU-T recommendations which do not have regulatory or policy implications; • reform should be carried out within the ITU-T, while building upon and enhancing its strengths; • ITU-T would be split into two groups, Group A in which Member States and Sector Members would participate in a true partnership role to develop technical recommendations (R(t)s) i.e. those which do not have regulatory or policy implications), and Group B led by Governments to address matters which have regulatory or policy implications. Group A (Technical Recommendations) features • Can develop its own structure, e.g. project groups, focus groups, interest groups, etc. • Can develop its own procedures. • All interested parties, including Sector Members and Member States would participate on an equal basis to be defined under the Constitution and Convention. • Will develop Recommendations (R(t)s) addressing technical areas (i.e., with no regulatory or policy implications). Other classes of output documents could also be agreed upon depending on the outcome of discussions on this topic. Approval of R(t)s would be by consensus with an appropriate procedure (to be defined under the Constitution and Convention) used in those exceptional cases when consensus is not possible. Funding would be based on the current method used in the ITU-T, although the enhanced rights engendered by this approach should act as an incentive for Sector Members to increase their financial commitment to ITU-T. The TSB support mechanisms would form the basis for administrative support with changes brought in to reflect an increase in the use of EDH. -7WGR-3/#-E • TSAG will continue with increased responsibilities and address matters associated with Group A and Group B and identify matters that would require CS and CV amendments. 5.3 Step 31 – ITU/ITU-T standardization forum 5.3.1 The Ad Hoc Group 1 report and other contributions to WGR propose the creation, within the ITU, of a new entity to deal with the development and adoption of technical standards. This entity is proposed to restructure the Telecommunication Standardisation Sector in Step 3. No details are given in respect to the status of this entity. Moreover, underlying considerations associated with that proposal would lead the ITU to review all the principle bases of its budgetary system. Many elements are listed in these proposals without specific details. Six of these elements relate to: o membership o financing o output o the decision making process o changes to the Constitution and Convention o impact on rest of ITU, in particular ITU-T. 5.3.2 Considering that WRG is in its third meeting, a possible framework was identified as described below, to be implemented as Step 3, pending agreement at PP-02: 1) Studies relating to technical standards (without any policy or regulatory implications) should be transferred to a Forum that may be created by decision of the Plenipotentiary Conference. 2) Study of matters with regulatory implications should continue to be carried out by Study Groups. 3) The Forum should be open to participants from Member States and Sector Members with equal rights, as well as Associates and other participants, and will be financed by voluntary contributions of its participants. 4) Output of the Forum will be in a form to be defined. 5) Output of the Forum could become ITU recommendations following the application of the appropriate approval methods in force. Several details regarding this framework need to be studied by Ad hoc Group 1, under new terms of reference, as given in Annex B. 5.4 Other issues in the T-Sector 5.4.1 The reforms of the World Telecommunication Standardization Assembly was considered to be a topic that needs much attention in the next meeting of the Working Group. ____________________ 1 Reservations made by Italy and Syria. -8WGR-3/#-E 6 Radiocommunication Sector issues The WGR considered the question of the backlog in satellite network filings to be the most urgent issue to be addressed with respect to the Radiocommunication Sector. This issue is complex and has been the subject of many meetings in the Union. The Group agreed to setting up an ad hoc group to look into the issues related to this matter. The task was given to the same ad hoc Group with new terms of reference (see Annex C to this report). The ad hoc Group will present its report to the next meeting of WGR in April 2001 for consideration and further appropriate action. The Working Group will inform the RPM Special Committee of progress made on this subject. 7 Finance issues The WGR received a brief explanation on the problem related to the current situation with respect to the financing of the Union. The Group referred to the decisions of the Plenipotentiary Conference (Minneapolis, 1998), in particular cost recovery used as a part of the ITU regular budget. Given the complexity of the issue, its importance and the lack of adequate time, the WGR requested an information sheet on this issue and decided to address it at its next meeting in April 2001. In this context, the negative effect of placing a ceiling on expenditure by the plenipotentiary conference was briefly discussed. No proposal on this issue was made as it will be discussed further at WGR-4. 8 Structure of the Union The WGR discussed some aspects relating to the structure and management of the Union. 8.1 ITU Regional presence The strengthening of the Union’s regional presence was seen as very important for the Union as a whole. The WGR was unanimous is stressing the importance of ensuring that enough resources are allocated so as to facilitate the work in the regions. The activities of the regional offices needed to be expanded in scope. WGR preliminary proposal (23): There should be more meetings held in the regions by the relevant sectors as this will facilitate participation of local experts from countries and regional offices distant from Geneva and create greater interest in the work of the ITU. The need for the rapid establishment of the Eastern Europe and North Asia offices was considered to be urgent. 8.2 The Secretariat The WGR discussed several issues related to improving the efficiency and functioning of the Secretariat, including the federal nature of the structure, financing, lack of clarity of roles and authority etc. Given that the WGR still expected to receive a report from the Secretary General which includes the report of the UN Joint Inspection Unit, further discussion on this issue was postponed to the next meeting of the Group. WGR preliminary proposal (24): The tasks of the Secretary-General and Deputy SecretaryGeneral need to be reassessed and, if necessary, stipulated in the Convention. -9WGR-3/#-E 8.3 Election of officials of the Union The WGR had varied views as to the best way to select the leadership of the Union. The Group noted that the UN system used different models for the election and selection of its leadership each having its own advantages and disadvantages. The ITU is a unique organization and needs to find solutions that best fit its needs. While some proposals addressed the need to reduce the number of elected officials, most concentrated on where these officials should be elected. There were points raised for and against all five officials being elected at the Plenipotentiary Conference and others suggesting that directors be elected at their respective conferences or assemblies. This issue was seen to be linked to other issues related to the structure and management of the Union and will be discussed further at a future meeting. 9 Agenda items for the fourth meeting of the Working Group The preliminary proposals made by WGR and included in this report will constitute the basis for the draft agenda of the fourth meeting of the Working Group on ITU Reform. 10 Future meetings of the Working Group The schedule of future meetings for the Working Group was agreed as follows: Fourth meeting: 2-6 April 2001 (Salvador, Brazil) Fifth meeting: November 2001 - 10 WGR-3/#-E ANNEX A Opening remarks by the Chairman Dear Colleagues, Exactly two months ago today, the Heads of State or Government of our countries meeting at the Millennium Summit adopted the UN Millennium Declaration. During that Summit, almost every Head of State or Government who took the floor, spoke about the need for all of us to build a better world for all its citizens. Each speaker, given the time limitations, addressed what he or she felt was the most pressing or urgent aspect of the needs of the world. One common element in the majority of the speeches was the plight of the developing countries in general and the poorest peoples of the world in particular. The vast majority of the leaders felt that the United Nations system could play a more prominent role in improving greatly the situation of the majority of the peoples of the world. In our own sector, the leaders adopted the ECOSOC Ministerial Declaration on the digital divide in which this challenge is addressed. As a specialized Agency of the United Nations, and in view of the crucial role that information and communications technologies can play in socio-economic development, we would have failed in our task if we did not act to contribute meaningfully to the global agenda for bridging the digital divide. The reform process that we are engaged in today has to be seen in this context. It cannot be an isolated activity just to make the ITU look good. It cannot be an activity whose main purpose is to better accommodate the private sector only. Nor can it be seen as a defense mechanism of the Member States against the ever increasing and powerful private sector interests. Our whole sector, public and private, needs a strong, efficient and inclusive ITU. All countries, developed and developing, need an ITU in which they can readily find a home. This is however particularly so with developing countries. The exercise in which we are involved, and which we are about to conclude, requires that we always bear this in mind. It demands of us to be open to the ideas and contributions of others. Above all it requires of us to make decisions, which as our terms of reference dictate, will improve the ITU. We may not agree on a single formula, but we must agree on something. Any proposal or series of alternative proposals that we take forward must be an improvement on the current status. That is all that is asked of us. What we must bear in mind at all times is that the ITU will not be better off if a part of the sector in which it operates is not happy or not a part of it. Equally, if it does not realistically cater for the majority of the peoples of the world it will cease to be the global organization to which we would all aspire to belong. One of the strengths of the ITU over the decades has been its ability to adapt to change. It can surely not be in our hands that the ITU fails to meet the expectations of the world as it has done for so long. The main task of our third meeting is to agree on a series of important decisions which we believe will make a better ITU. We cannot do less. We owe it, as I often like to remind myself, to the billions in whose name we gather and who have placed their hopes in us. This is the first, and perhaps most urgent step in our own contribution to the global agenda for closing the digital divide. I thank you. - 11 WGR-3/#-E ANNEX B Ad Hoc Group 1 NEW TERMS OF REFERENCE Within the framework described in paragraph 5.3.2 of the Report of WGR-3, taking into account the relevant discussions and parts of the Report of AHG1 to the third meeting of WGR, develop draft proposals in response to the following key issues, and report to the fourth meeting of the WGR: 1. Membership: Whether and how participants from Member States and Sector Members could participate in the Forum on an equal basis; and what would be the role of Associates and other participants? 2. Financing: What mechanisms would be used to finance the Forum, based on voluntary contributions of its participants? 3. Output: What type(s) of output would the Forum produce? 4. Decision making process: What decision making process would be used for the approval of its output? Whether and how Sector Members could vote in cases where consensus is not possible? 5. Changes to the Constitution and Convention : What would be the necessary textual changes to the Constitution and Convention, and/or what form of Plenipotentiary Conference Resolution would be required to enable the establishment of the Forum? 6. Impact on rest of ITU, in particular ITU-T: What impact would the establishment of the Forum have on the ITU as a whole, and on the ITU-T in particular? - 12 WGR-3/#-E ANNEX C Ad hoc Group 2 NEW TERMS OF REFERENCE Objectives: To examine a range of approaches and to stimulate the identification of new approaches for reducing the backlog in the Bureau’s processing of satellite network filings. Specific tasks to be performed: 1) Examine ways to reduce requirements in the Radio Regulations regarding the processing of satellite network filings with the view of reducing the work and resources needed in the Radiocommunication Bureau, while retaining the rights of Member States to avoid harmful interference. 2) Analyze available resources and make recommendations that would provide adequate staff and funds to resolve the backlog. 3) Review data requirements for the satellite filing process with a view to identifying those which are strictly necessary; this to include the possibility of establishing a forum for information exchange on the requirements of all parties involved in the satellite filing process with a view to any conclusions therefrom to be taken into account by the group. 4) Examine approaches, including the use of increased automation, for reducing the workload of the Bureau. 5) Review existing ITU procurement practices and examine the application of “outsourcing” as a management tool for acquiring specialized products and services to be used toward improving the processing of satellite filings. 6) Examine approaches for addressing the issues associated with multiple filings and develop proposed approaches for addressing these issues. 7) Examine the adequacy of the reporting and accountability of the organs of the ITU in light of the continuing backlog problem. 8) Take into account the results produced by the Informal Software Experts Group established in CA/85. 9) Prepare and submit proposals relating to the above tasks in a report to the WGR meeting in April 2001 for consideration of further appropriate action. __________